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Terms of Service:	Terms of Service ATTENTION LANDOWNERS: THIS AGREEMENT (“Agreement”) is dated as of the day the land is placed online between Hunting Scouts, LLC, a North Dakota limited liability company whose address is 246 Prairiewood Dr. Fargo, ND 58103 (“COMPANY”) and the landowner placing the land on the website for lease. RECITALS A. Landowner owns certain real property and premises (“Premises”) located in (name of county land being posted is in), ___________ generally described as follows: _____________________________________________________________________________________________________________________________________________________________________________________________ B. Landowner desires to make the Premises available to hunters and has requested the Company to promote the Premises on the Company’s webpage. C. The Company is willing to do so on the terms and conditions set forth in this agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Company and the Landowner agree as follows: 1. Website. So long as this Agreement is in effect or until otherwise advised by the Landowner, the Company shall promote the Premises on the Company’s website (“Website”) for use by potential hunters (whether one or more individually and collectively referred to as the “Hunter”) for the periods of time, rates and terms and conditions provided to the Company by the Landowner from time to time. 2. Procedure. Upon the Company’s receipt from a Hunter of the appropriate fee identified on the Website, a Hunter who elects to access the Premises by way of the Website shall be provided with a written acknowledgment from the Company confirming the date of the hunt and such other information as the Company may deem appropriate. The Company shall also provide a copy of the acknowledgment to the Landowner that a 20% management fee will be charged and received by Hunting Scouts LLC, which will be calculated from the gross sale price of the lease. As a condition to allowing the Hunter access to the Premises, the Landowner agrees and represents to the Company that each and every Hunter shall date and sign the Release and Indemnity Agreement in the form of Exhibit “A” attached hereto and immediately mail to the Company, on the next business day by U.S. Mail postage prepaid, the original Release and Settlement Agreement duly executed by each Hunter. In the event any Hunter who accesses the Premises is a minor, the guardian for the minor shall execute the Release and Settlement Agreement on behalf of the minor. Landowner agrees to indemnify and hold the Company harmless in the event the Landowner fails to secure and return to the Company the fully executed Release and Indemnity Agreements contemplated by this paragraph and the Company shall be entitled to immediately terminate this Agreement. The indemnity contemplated by this paragraph shall survive termination of this Agreement. Landowner shall be responsible for providing the Hunter with any and all rules and regulations the Hunter must abide by while accessing the Premises and for securing its own release and indemnity agreement from the Hunter should the Landowner deem it appropriate. 3. Relationships. Landowner agrees, represents and understands that the terms, conditions and all other matters concerning a hunt by a Hunter and/or access by a Hunter to the Premises shall be solely between the Hunter and the Landowner, and, as such, the Company shall have no obligations to the Hunter or the Landowner except as may be expressly set forth in this Agreement. Landowner agrees that the Company has not rendered any legal advice to the Landowner in connection with this Agreement or any other matters. Landowner agrees that the Company is acting in its sole capacity as an intermediary between the Hunter and the Landowner and that no partnership or agency relationship is created between the Company and the Landowner. The Company assumes no fiduciary duty and no conditions or suggestions of action or inaction shall be deemed to constitute participation by the Company in the business of the Landowner. There are no third party beneficiaries to this Agreement. Landowner acknowledges and represents that in making its decision as it relates to the transaction contemplated by this Agreement, the Landowner is relying exclusively on its own investigation and is not relying upon any information or representation from the Company, either expressed or implied, except as specifically set forth in this Agreement. Landowner shall be responsible for securing any and all insurance including liability insurance, Landowner deems appropriate in its discretion. 4. Term. Any party to this Agreement shall have the right to terminate this Agreement upon 14 days advance written notice to the other party at the address set forth at the beginning of this Agreement; provided, however, no such termination shall affect any of the rights or obligations of the parties which were incurred prior to the effective date of such termination. In the event this Agreement is terminated, the Landowner agrees to comply with all of the terms and conditions of any hunt scheduled prior to termination of this Agreement. Either party shall have the right to immediately terminate this Agreement upon default of the other party to this Agreement. 5. Notices. All notices and other communications pursuant to this Agreement shall be in writing and shall be (i) personally delivered, (ii) transmitted by regular mail, postage prepaid, or (iii) sent by Federal Express or similar delivery service in each case addressed to the party to whom notice has been given at its address set forth above or at such other address as may hereinafter be designated in the notice by that party to the other party complying with the terms of this paragraph. All such notices or other communication shall be deemed to have been given on (i) the date received if delivered personally or by mail or (ii) the date received if delivered by Federal Express or similar expedited delivery service. 6. Indemnity. Landowner hereby agrees to indemnify, defend and save harmless the Company, together with its officers, governors, members, agents, servants, employees, owners, insurers, representatives, successors, and assigns (hereinafter collectively the “Indemnified Parties”) from and against any and all injuries, losses, claims, actions, damages, liabilities, costs, judgments, charges and expenses, including reasonable attorney’s fees (collectively the “Claims”), of any nature whatsoever to any entity, person or persons or property, or death or injury of any person or persons including, without limitation, any Claims arising directly or indirectly as a result of this Agreement, the Website, the Premises, any of the activities contemplated by this Agreement such as hunting or any activities on the Premises, any breach of this Agreement, or any acts, omissions or activities of the Landowner, any third party or any Hunter or any of their respective employees, owners, guests, assignees, invitees, licensees, agents or representatives of any kind. The indemnity obligations contemplated by this paragraph specifically include, but are not limited to , incidences due in whole or in part to the Indemnified Parties own acts of negligence or fault, but shall not extend to any acts of fraud or willful injury or intentional misconduct by the Indemnified Parties. The indemnity contemplated by this paragraph shall survive termination of this Agreement. 7. Release. Landowner expressly releases and discharges the Company together with its officers, governors, members, agents, servants, employees, attorneys, owners, insurers, representatives, successors and assigns (“Released Parties”) from any and all liability for any losses, claims, actions, damages, liabilities, costs, judgments, charges and expenses including reasonable attorney’s fees, of any nature whatsoever (collectively the “Claims”), which may be sustained by the Landowner or any of the Landowner’s guests, invitees, agents, Hunters, employees, licensees, owners, assigns or representatives of any kind, including but not limited to any Claims arising directly or indirectly as a result of this Agreement, the Website, the Premises, from the activities contemplated by the Agreement such as hunting or any activities on the Premises, from the activities contemplated by this Agreement such as hunting or any activities on the Premises, any breach of this Agreement, or any of the acts, omissions or activities of the Landowner, any third party or any Hunter or any of their respective employees, owners, guests, assignees, invitees, licensees, agents or representatives of any kind. The release contemplated by this paragraph specifically includes, but is not limited to, the release of the Released Parties from their own acts of negligence or fault but shall not extend to acts of fraud or willful injury or intentional misconduct by the Released Parties. This release shall survive termination of this Agreement. 8. Non-compete. Landowner agrees not to enter into any agreement with any Hunter that the Company has put in contact with the Landowner to hunt on the Premises, except in accordance with the terms and conditions of this Agreement, any time during the term of this Agreement and for a period of ___years following termination of this Agreement. 9. Default. Should the Landowner default in completing the terms and conditions of this Agreement, the Company shall be entitled to pursue and any all of its rights and remedies as may be allowed by law. Should the Company default with respect to the terms and conditions of this Agreement, the Landowners’ remedy shall be liquidated damages in the amount of $250. The Company and the Landowner agree that it would be extremely difficult to calculate the actual damages of the Landowner in the event of a breach by the Company under this Agreement and that the liquidated damages contemplated by this paragraph are reasonable estimates of such damage based upon the best information available to the Company and the Landowner. 10. Miscellaneous. This Agreement contains the entire understanding of the parties related to its subject matter and supercedes any prior agreement or understanding between any of the parties regarding the subject matter. This Agreement shall be construed in accordance with, and governed by the laws of the State of North Dakota, without regard to conflicts of law provisions. Landowner consents to jurisdiction as to all issues concerning or relating to this Agreement with the federal or state district courts designated for Cass County, North Dakota. No supplement, modifications, or amendment of this Agreement shall be binding unless executed in writing by both parties. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver or any provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement shall be deemed to have been jointly prepared by the parties and no ambiguity herein or any portion hereof. The subject headings of the paragraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 11. Special terms for the property lease dictated by the landowner/s as follows including, but not limited to (term of lease, minimum price excepted for lease, desired transaction method i.e. auction, highest bidder, price per acre etc). Please include any additional terms and or requests that you may have on your property or transaction. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Term of Lease: Start Date____________ End Date__________________ IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. By clicking “I agree” on the internet website you also are agreeing to the agreement/conditions of this contract. HUNTING SCOUTS, LLC By _______________________ Blake Johnson Its President By_________________________ Landowner By_________________________ Hunter ATTENTION: TO PARTICIPANTS LEASING THE LAND. NO REFUNDS WILL BE GIVEN AFTER TRANSACTION HAS GONE THROUGH AND MONEY HAS BEEN COLLECTED. Release and Indemnity Agreement FOR GOOD AND VALUABLE CONSIDERATION, including but not limited to the right to access/or hunt on certain real property and premises owned by ____________________, located in_________________________ County, __________________, (“Premises”) the undersigned hereby agree to indemnify, defend, and save harmless the landowner of the Premises, as well as Hunting Scouts, LLC, together with its officers, governors, members, agents, servants, employees, owners, insurers, representatives, successors and assigns (hereinafter collectively “Hunting Scouts”) from and against any and all injuries, losses, claims actions, damages, liabilities, costs, judgments, charges and persons or property, or death or injury of any person or persons arising directly or indirectly from the Premises, any acts omissions or activities of any of the undersigned, the owner of the Premises, or any third party or any of their respective officers, governors, directors, members, shareholders, parents, subsidiaries, assigns, invitees, licensees, guests or representatives of any kind. The indemnity obligation contemplated hereby specifically includes, but is not limited to, incidences due in whole or part to Hunting Scouts own acts of negligence or fault, but shall not extend to any acts of fraud or willful injury or intentional misconduct by Hunting Scouts. In addition, the undersigned expressly release and discharge landowners as well as Hunting Scouts from any and all liability for any losses, claims, actions, damages, liabilities, costs, judgments, charges and expenses including reasonable attorney’s fees, of any nature whatsoever, which may be sustained agents, servants, employees, owners, insurers, representatives, predecessors, successors, affiliates, parents, subsidiaries, assigns, invitees, licensees, guests or representatives of any kind. The release contemplated hereby specifically includes, but is not limited to, the relapse of Hunting Scouts from its own acts of negligence or fault but shall not extend to acts of fraud or willful injury or intentional misconduct by Hunting Scouts. The undersigned have caused this Release and Indemnity Agreement to be executed as of the date set forth below, or by the clicking to agree on the website to continue the process of leasing land. In addition, the Lessee/s and or hunters agree to the landowners SPECIAL TERMS AND CONDITIONS as set forth by the landowner, which include:_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ These conditions must be agreed upon by the purchase of this lease. By signing the lease you the lessee are agreeing to the guidelines/conditions/terms of this lease that the landowner has listed above. Required all persons hunting the property must sign this document before hunting. Landowner has the right to ask anyone who has not signed the lease contract to leave, and or have removed from the property. It is Lessees/(Hunters) responsibility to have anyone hunting the property to sign this contract. Dated this _______ day of ____________________, 200___ _________________________ Its Landowner _________________________ Its Lessee/s (Hunters) _________________________ _________________________ _________________________ _________________________
By clicking on 'I accept' below you are agreeing to the Terms of Service above.

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